OOI (Migration)

This matter concerned an application for a Subclass 186 (Employer Nomination) (Permanent) visa, Direct Entry stream, for the position of Real Estate Representative. The applicant was nominated by Jreige Pty Ltd, trading as Your Estate Agency. The core dispute revolved around whether the nomination met the requirements of clause 187.233 of the relevant regulations.

The Tribunal was required to determine if the nominated position satisfied the criteria for a Direct Entry nomination, specifically whether the nominator was the intended employer, if the nomination had been approved and not withdrawn, if there was any adverse information concerning the nominator, if the position remained available, and if the visa application was lodged within six months of the nomination's approval. The Tribunal also needed to consider the applications of accompanying family members, which were contingent on the primary applicant meeting the visa criteria.

The Tribunal reasoned that the nomination had been approved by the Tribunal on 2 July 2018, setting aside an earlier refusal by the Department. It found that the nomination had not been withdrawn, the position remained available, and the visa application was lodged within the prescribed timeframe. Crucially, the Tribunal found no adverse information regarding the nominator. Consequently, the Tribunal concluded that the requirements of clause 187.233 were met.

The Tribunal remitted the applications for reconsideration by the Minister, with a direction that the primary applicant met the criteria under clause 187.233 for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The Minister was also directed to reconsider the criteria for the second named visa applicants, who were family members of the primary applicant.